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To: Ilaine who wrote (121763)6/23/2005 4:03:11 PM
From: Lane3  Respond to of 793885
 
Treat them on an individualized, case by case basis.

Fine, but by what process? The standard criminal justice process? Read them their rights. Get them translators and lawyers? Gather evidence? Discovery? Charge them? Grant bail? Etc?

Say we have a military supply convoy on some highway in Iraq and a bunch of enemy combatants approach it and throw grenades or shoot bazookas or some such and a firefight ensues. We win and we capture a bunch of them. We gather all the evidence, say bomb fragments and arms and, what, dust them for fingerprints? And test the captives for gun residue? Let's not forget to collect their clothing. Then we charge them with what? Attempted murder? Destruction of government property? We bring them to the Alexandria rocket docket and have a trial. Of course we have to bring over they troops who witnessed it.

How am I doing so far?



To: Ilaine who wrote (121763)6/23/2005 4:05:03 PM
From: Lane3  Read Replies (1) | Respond to of 793885
 
Even the defendants are not allowed to know what the evidence against them is.

Isn't that because there is no crime, no charge against them, and therefore no evidence to tell them about?

Treat them on an individualized, case by case basis.

Fine, but by what process? The standard criminal justice process? Read them their rights. Get them translators and lawyers? Gather evidence? Discovery? Charge them? Bail hearing? Etc?

Say we have a military supply convoy on some highway in Iraq and a bunch of enemy combatants approach it and throw grenades or shoot bazookas or some such and a firefight ensues. We win and we capture a bunch of them. We gather all the evidence, say bomb fragments and arms and, what, dust them for fingerprints? And test the captives for gun residue? Let's not forget to collect their clothing. Then we charge them with what? Attempted murder? Destruction of government property? We bring them to the Alexandria rocket docket and have a trial. Of course we have to bring over they troops who witnessed it.

How am I doing so far?